AMERICAN EXPRESS BANKS LTD Vs. RAJESH GUPTA

JUDGEMENT

(1.) This Revision Petition is directed against the order of the State Consumer Disputes Redressal Commission, West Bengal, dated 18.10.1996 by which the appeal of the petitioner - American Express Bank Ltd. was dismissed. The facts leading to this controversy may be briefly stated as under :

(2.) Rajesh Gupta, respondent, was complainant before the District Forum, Calcutta. He filed a complaint with the allegations that he being Director of M/s. Jet Star Industries (P) Ltd., had a very urgent business trip for 35 days at a stretch to Germany and to that effect, he was in need of foreign exchange. He contacted his Bankers, i.e. State Bank of Bikaner and Jaipur, Connaught Circus, New Delhi and he was advised to contact the American Express situated at Netaji Subhash Road for arranging the foreign currency by way of travellers cheques. The petitioner had been to the American Express situated at Netaji Subhash Road, Calcutta and requested them to arrange foreign exchange by way of travellers cheques. But the American Express, Calcutta advised the petitioner to collect the travellers cheques as per his requirement from their branch situated at New Delhi. He went to New Delhi on 9th March, 1993 and contacted his Bankers, i.e. the State Bank of Bikaner and Jaipur as well as American Express. Travellers cheques of the American Express amounting to US $ 12,500/- equivalent to Rs. 4,00,000/- were issued at Delhi. On the very same date, i.e. 12th March, 1993, after reaching the airport, the Indian Airlines Office to purchase tickets, the complainant found that the travellers cheques as well as the passport and other relevant papers were missing. The complainant started searching and at last on the next day, the complainant reported the matter to the Police Station, Connaught Circus and the matter was also duly informed to the Bank concerned i.e. American Express Bank Ltd., New Delhi, (hereinafter referred to as the Branch of the Bank). Thereafter, the petitioner on several occasions had been to the Delhi Branch of the Bank for refund of the value of the travellers cheques, but with no results. The complainant had taken the matter with the head office of the American Express at U.S.A., but it bore no results. Again the complainant contacted the General Manager of the Delhi Branch of the Bank, but it also proved to be futile. It was further alleged in the complaint that the travellers cheques issued were never encashed by any person and the amount was lying in the custody of the Bank concerned. In these premises, it was prayed that a direction may be given to the Delhi Branch of the Bank to refund the amount of Rs. 4 lakhs.

(3.) Of course, the complaint was contested on behalf of the Bank. In the written version filed on behalf of the Bank, it was stated that the petitioner had not approached the Forum with clean hands and was guilty of suppressing and concealing material facts from the Forum. The Forum at Calcutta did not have territorial jurisdiction to entertain the petition. The petitioner purchased the American Express Travellers Cheques from his Banker - State Bank of Bikaner and Jaipur in New Delhi. The petitioner allegedly lost his travellers cheques in New Delhi and filed a claim for refund of travellers cheques with the Delhi Branch of Bank in New Delhi. After thorough investigation of the petitioner's claim, the Delhi Branch of the Bank declined in New Delhi, to refund the amount to the petitioner. The petitioner was at the time of the filing of the refund claim was residing in New Delhi and also carried on business at Noida near New Delhi. The petitioner's reference to his alleged dialogue or dealings, in respect of impugned travellers cheques, with the office of the Calcutta Branch of the Bank was false, meaningless, misleading and concocted by the petitioner only with the aim of securing territorial jurisdiction of the Forum. No necessary papers were issued nor required to be issued by Calcutta Branch of the Bank to enable the petitioner to purchase American Express Travellers Cheques from the State Bank of Bikaner and Jaipur, as it was fully authorised to sell American travellers cheques.